GS 2: PolityGS 2: GovernancePrelims

The letter has won but the spirit has not lost, Pg8

Analyzing the delicate balance between constitutional powers of President/Governor and judiciary's role in upholding constitutional spirit and preventing 'evasive inaction'.

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Key Highlights:

  • The article discusses the roles and responsibilities of the President and Governors in India, emphasizing their duty to uphold the Constitution.
  • It references past Presidents like R. Venkataraman and K.R. Narayanan who acted independently and with Constitutional morality.
  • The Supreme Court, in response to a Presidential Reference, stated that Governors cannot have fixed deadlines for studying bills but should also avoid "evasive inaction".
  • The court's opinion highlights the importance of both the letter and spirit of the Constitution in Centre-State relations.

Detailed Insights:

  • The piece underscores that the effectiveness of India's federal polity relies on mutual respect and adherence to the Constitution by both the legislature and the Governor/President.
  • Presidential References are a mechanism by which the President seeks the Supreme Court's opinion on questions of law or fact, as per Article 143 of the Constitution.
  • The Supreme Court's response to the Presidential Reference reflects a balanced approach, avoiding direct instruction to either the President or Governors while emphasizing their responsibilities.
  • The article suggests that the true measure of individuals in high office lies in their ability to transcend limitations and act in accordance with Constitutional principles.

Key Concepts Involved:

  • Presidential Reference: Mechanism where the President seeks the Supreme Court's opinion on legal matters.
  • Constitutional Morality: Adherence to the values and principles enshrined in the Constitution.
  • Federal Polity: A system of governance with division of powers between a central authority and constituent units.
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